Gallery

User Agreement

Client Expectations and Allowances

Client Prohibitions

Artist Allowance

Commercial Use

NDA and Privacy Requests

Ordering

Refunds and Chargebacks

Queues, Slots, Scheduling, Work Speed and Deadlines

Revisions and Feedback

Final Product

You, the Client, will be expected to read this TOS, the invoice condensed TOS and understand all the conditions from herein.

You will understand that the prices that have been previously discussed are final, and shall not be negotiated any further, repeated attempts at negotiating prices or harassment over prices shall result in an instant violation of this TOS and blacklisting.

You may display my work on external sites as long as it is visibly credited and linked back to myself via a social media account.

You may use the artwork for personal use, including but not limited to : Avatars, digital device wallpapers, personal websites and/or profile displays and banners.

You reserve the right to print or create an otherwise physical reproduction of the artwork for personal use only.

You reserve the rights of the character designs on any adoptable purchase.

You reserve the rights to your own characters and their designs as they appear on any created goods.

You are responsible for protecting your ownership over rights to a character design of any purchased adoptable or custom reference sheet, through a watermark or personal link when uploading on external sites. This does not supersede the clause of requiring visible credit to myself.

Any goods purchased may not be used in any blockchain-related technology, included but not limited to NFTs, Cryptocurrency or any future inventions in the space.

Any goods purchased may not be used in any AI-related technology, included but not limited to Stable Diffusion, Dall-e or any future inventions in the space.

Any goods purchased may not be used or hosted in any gallery, digital or otherwise, that is intended to display your personal work or skills.

Any goods purchased may not be used for redistribution or external projects, commercial or non-commercial (i.e. t-shirts, mugs, public flyers, etc.) unless otherwise discussed.

Any goods purchased may not be changed, modified, edited or used without prior discussion or permission from myself, the Artist. This includes any sort of tracing or modifying the work to transform it into anything that may be considered as a "base", "frankendoll" or template.

You, the Client, are not authorized to issue a chargeback for any reason. See Section: Refunds and Chargebacks, for details.

You, the Client, may not use goods purchased for commercial use, unless a commercial license is purchased. See Section Commercial Use for details.

I, the Artist, reserve the right to post finished goods in personal galleries, social media accounts or personal conversations for any reason.

I reserve the right to cancel any project regardless of progress with prior notice. Upon a cancellation initiated by myself, the artist, will result in a full refund for the total amount paid.

I reserve the right to deny any project or client for any reason.

I reserve all copyright over goods purchased, including the right to redistribute, reproduce or use the image as a sample for sales, self-promotion or advertising on other social media sites, unless otherwise agreed upon. However proper credit to you for ownership of character designs shall still be provided.

I may not claim rights to a character design unless it is my own. Therefore I will not reuse or sell the artwork for commercial projects unless agreed upon.

In the case of an adoptable design, I will not reuse/resell the rights to the design once ownership is transferred to you, the Client.

All goods shall be send digitally via a third party site, included but not limited to email, google drive, discord messages and twitter messages. I, the Artist, shall not send anything physical to the client at any point in time.

If you, the Client, orders goods for commercial use; the total price of the commission, as well as any other royalites, will be agreed upon upfront.

The minimum price increase is 100% of the original price, meaning double the end sum. However, I reserve the right to charge more if I deem fit.

Commercial use includes but is not limited to the following cases: Reproducing and selling the artwork, publicly or privately, cases where you receive profit from a medium/platform where you have posted my artwork, (eg. patreon, youtube, twitch, a personal site, business cards .ect)

However once a commercial use license is purchased, all rights to the goods shall transfer to you, the client. This does not supersede the clause to use the work for self-promotion, within limits previously discussed and agreed upon by both parties.

Any projects requiring an NDA or PR (Privacy Request) must be stated during the ordering process.

I reserve the right to charge a fee if I deem fit.

All NDAs/PRs entail the following: I may not share any images, WIPs, descriptions and/or explanations of the client and their project on any social media sites or within personal conversations. This includes and is not limited to showing any part of the project or client's identity during livestreams, video recordings or discord groups and conversations.

However, You, the Client, must also refrain from sharing, spoiling or speaking of the project on any social media until the appointed time or an agreed upon condition in which the NDA/PR becomes null or completes.

The Client and The Artist reserve all rights to keep their personal information private and unknown, spreading any personal information retrieved by either the Artist or Client in any form (i.e. Paypal, email .ect) shall not be spread in any way, shape or form. This includes but not limited to social media, streaming, emails, docs or in person interactions.

These rights supersede any need of an NDA/PR or any other contract or negotiations.

The process of ordering shall be discussed over text via email or third party social media contact.

Conversations shall stay on the chosen communication method until the completion of the project. Switching communication methods will be considered avoidance and shall result in communication ceasing and project being on hiatus until communications resume.

Details must be provided by the client, this includes all references, descriptions and images relating to the project to ensure accuracy.

I reserve the right to modify the request as I see fit unless otherwise discussed.

If a character requires a lot of detailed elements, I reserve the right to charge and additional fee depending on the complexity. This fee shall be stated and agreed upon before order continues. You, the Client, hold the right to modify the request until the line art stage of the project.

Any communication must be sent in the English Language to avoid confusion over communication. Accommodations using translation machines or websites can be used but may result in confusion and communication issues. So patience will be required by both parties.

You, the Client, must await a reply before pushing forward to the next step in the process so details can be properly discussed. Jumping ahead in any step of the process will rescind any right to revisions and edits to the project during the process.

I am not responsible for any mistakes that are made on the Client's part or through user error over the course of the transaction.

All payments shall be made in CAD (Canadian dollar). You, the Client, are responsible for currency conversions.

The Client(s) shall pay 100% of the price upfront before the project can proceed after the invoice is sent. Until the invoice is paid, the project shall be put on hiatus indefinitely. No exceptions.

While low-quality sketches may be sent during the planning stage of the project, full quality sketches won't be sent until full payment is made. Full quality sketches will only be provided to the client upon request.

I, the Artist, shall send an invoice to the Client after both parties have come to an agreement. I shall also cover PayPal fees as per the PayPal TOS.  Payment sent in any other way shall be refunded and the project shall be rejected immediately.

I do not accept payments from shared PayPal accounts, unless the client is not of legal age and requires use of a parent/guardian's account. However I reserve the right to reject the project if it's suspected that the payment is being made without parental/guardian approval.

If payment is not made within a reasonable amount of time (minimum 12h, maximum 48h) after the invoice has been sent and received by the client, the project shall be cancelled.

Repeated offenses of discussing projects and failing to pay and/or refusing invoices, shall be considered violating the TOS and shall result in immediate blacklisting.

If You, the Client, are purchasing an adoptable, the previous clause of a reasonable amount of time applies for the holds. If the adoptable is not paid for by the allotted time limit, the adoptable shall return for sale. Repeated offenses of not paying or allowing the time to run out with out discussion shall be considered a violation of the TOS and shall result in immediate blacklisting.

I do not accept payment plans or negotiations for payment plans.

I can refund 100% of the payment, Only if; I have not completed the line art stage or I have cancelled the project personally for any reason.

Once the lineart is complete for any portion of the project, there will be no refunds.

If refunds are requested due to errors in PayPal fees, taxes and/or transfer fees. Only around 80% of the total price of the project shall be refunded.

You, the Client, are not authorized to issue a chargeback for any reason.

If for any reason the Client's PayPal account malfunctions or authorizes a refund/chargeback request without your knowledge, you, the Client, must contact me as soon as possible in order to resolve the issue.

If a project is cancelled by the Client, it must be communicated with myself before hand, failure to do so will result in forfeiting any rights to a refund.

Purposefully issuing a chargeback without contacting me, the Artist, to cancel or request a refund will result in immediate blacklisting for You, the client as well as; your email, anyone sharing the account (even Parents or Guardians), side accounts and any social media accounts.

Harassment over a declined refund shall be considered a violation of the TOS and result in blacklisting as listed above.

Communications during an initial inqury can take anywhere from 3-5 days and talking out details can take anywhere from 1-3 days.

You reserve the right to set a deadline for your project, this deadline must be discussed early on and confirmed before payment.

I reserve the right to decline a project if the time scale feels too short or not possible. I reserve the right to take up to 3-4 weeks to work on a project that has a deadline set. Should I not make the deadline, arrangements will need to be discussed about continuing or cancelling the project.

If a deadline is not set, you rescind the ability to send reminders until the 4 week buffer period has passed. Any reminders will be ignored, especially if they mention any other work I may have in the queue before your project.

If a deadline has been discussed and agreed upon, it will be the client's responsibilty to ensure details, revisions and non-deadline related communication is prompt and to the point. I will not be responsible for late delivery.

Harassment over my work speed, queue amount or other projects will not be tolerated and will result in a no refund, cancellation of the project. further harassment shall be considered a violation of the TOS and result in being blacklisted.

You reserve the right to be notified of any delays.

Projects may be completed in a random order depending on the complexity of the project.

There will be a total of 5 slots for projects.

There will be no negotiation on getting another slot.

1 slot per client.

If the project would require the claim of all 5 slots, then said project will be pushed back to be worked on the slowest. This does not supersede any deadline arrangements.

There will be two stages of revisions allowed.

The first stage of revisions is during the pre-payment sketching phase. the client can make a total of 1 total remake (Completely starting the sketch/pose over, "camera" angle), 3 major revisions (pose changes, setting/background replacement, major clothing changes) and 4 minor revisions at this point in time.

The second stage of revisions is the post payment - mid colouring phase. The client can make a total of 2 major revisions (slight pose changes or background changes) and 3 minor revisions at this point.

If any step during communications have been forcibly skipped, the Client has rescinded any revisions or feedback and will be presented with a completed project exactly as described in the planning phase of discussions.

WIPs shall be sent periodically as updates, these will come in the form of jpg screen caps of the project and sent via the chosen communication method.

You, the Client, retain responsibility to ensure the project contains the details you want me to follow.

I am not responsible for any unsatisfactory element of the finished design, especially if no feedback was given to amend it.

The only guaranteed WIP will be the pre-paid sketch and one post-payment WIP. however the client may request one at any time post payment.

Each time a WIP is sent, feedback is required. Should the client have no feedback, then it will be assumed to be allowed to stay as is.

Additional fees will be incurred for any late amendments to characters or subjects of the project. This includes but not limited to redesigns, ownership changes and outfit changes/variants.

After the order is complete, minor changes such as colour adjustments, missing or inaccurate elements that are complete at my error are allowed.

Once the order is complete, in the absence of feedback or post completion/delivery changes will be subject to a fee.

I will not restart/redraw a completed project unless payment is received as a second order.

There may be slight differences between the samples in my gallery, other projects and the project you, the client shall receive.

The client must respect my artistic style can not be altered unless otherwise discussed.

I reserve the right to reject critiques pertaining to artistic skill and stylization. If my style is not what you wish to purchase, it needs not to be commented on.

Credit to me, the Artist, is required when posted or used on another platform.

You, the Client, are responsible for saving any information, images and other digital data I provide.

Any file you paid for will be available from me for a finite time only. Files will tried to be saved up to 3 or so months. However, I am unable to guarantee against any unforeseen circumstances, including computer failure, accidental deletion or loss.

I am not required to post your project in any public space, if posted, I am not required to keep it there indefinitely. I have the right to delete or remove any public project, even if you paid for it, as you should have your own copy for personal use.

Feedback on the final product is accepted after completion, either through a chosen communication method or comments.

Any comments that are rude, inappropriate, inflammatory, and/or non-constructive may result in a verbal warning, and potentially blacklisting.